20070640 Ver 1_Approval Letter_20070522

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
May 22, 2007
DWQ# 07-0640
Mecklenburg County
Mr. Barry James
American Asset Corporation
3700 ARCO Corporate Dr.
Charlotte, NC 28273
Subject: Cane Creek Outfall, Huntersville
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. James:
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact 400 linear feet (If) of unnamed stream to Cane Creek in order to complete the proposed
project in Mecklenburg County, as described in your application received by the Division of Water Quality
(DWQ) on April 11, 2007. After reviewing your application, we have determined that this project is. covered by
Water Quality General Certification Number 3625, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number
12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get~any other
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the. purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) above and below each location.
3. Permanent impacts to maximum extent practicable shall not exceed 10 linear feet of stream (Condition #15).
4. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
5. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/VVetlands Unit of the NC Division of Water Quality.
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Internet: ncwaterqulaity.org FAX [phone]
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6. Continuing Compliance. The applicant (American Asset Corporation, Mr. Barry James) shall conduct all
activities in a manner so as not to contravene any state water quality standard (including any requirements
for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state
and federal law. If DWQ determines that such standards or laws are not being met (including the failure to
sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions
are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
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forAlan W. Klimek, P.E.
Attachments: Certificate of Completion
GC 3625
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Len Rindner